LAPU-LAPU CITY, Cebu — A shipping company was ordered to pay ₱1 million as temperate damages to the family of an intern who was electrocuted and later died.
The complaint was filed by the victim’s parents, Eddie Lopez and Ma. Victoria Lopez, along with Vernie Lopez, the victim’s eldest brother, against Ocean Fast Ferries, Inc., Golden Bridge Shipping Inc., and ship captain Vincent Book.
The complaint stemmed from the incident when Erwin Lopez, a Marine Engineering student at Cebu Technological Institute in Carmen town, entered into a one-year apprenticeship agreement with Ocean Fast Ferries, Inc., as an engine cadet.
He was assigned to the M/V Oceanjet 88 vessel and was issued an embarkation order for other vessels of the shipping company.
However, Lopez was later assigned to board another vessel, LCT Golden Lutos, in Tabuelan town, which was owned and operated by Golden Bridge Shipping, Inc., a sister company of Ocean Fast Ferries.
On March 12, 2018, the victim’s parents were informed that something terrible had happened to their son and that he was confined at the Tuburan District Hospital.
When they arrived at the hospital, however, the victim had already passed away. They were informed that Erwin had died of electrocution.
A wound was also found on the victim’s arm, based on photos shown to the family at the time.
Dismayed, the following day they sought assistance from the Tabuelan Police Station to investigate the incident.
The police investigation revealed that the victim was electrocuted by an electrical cord and extension wire inside the ship’s engine room.
Further investigation revealed that the cord and the wire were already worn out, with their copper wires exposed.
Due to this, the plaintiffs filed a case for damages against the shipping companies and the ship captain.
They sought more than ₱2 million in actual damages for loss of earning capacity, ₱500,000 in moral damages, ₱500,000 as exemplary damages, ₱100,000 in attorney’s fees, and ₱3,000 as litigation costs plus appearance fees per court hearing.
The defendant Golden Bridge Shipping, Inc., filed a motion to dismiss the case, citing a lack of jurisdiction since Erwin had signed an agreement with Ocean Fast Ferries, Inc., not with them.
Ocean Fast Ferries, however, argued that the victim had canceled the agreement with them when he agreed to board another vessel owned by Golden Bridge Shipping, Inc.
In an order dated February 26, 2019, the Mandaue City Regional Trial Court (RTC) Branch 55 denied the motion to dismiss.
In a decision issued by RTC Branch 87 Presiding Judge Ferdie Esperidion Riveral, dated October 1, 2024, the court ordered the defendants to jointly and severally pay the plaintiffs the following amounts: ₱1 million as temperate damages, ₱500,000 as moral damages, ₱300,000 as exemplary damages, and ₱50,000 as attorney’s fees.
All awarded amounts shall also earn legal interest at the rate of six percent per annum, computed from the date of finality of the decision until full satisfaction.